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Judgments of Supreme Court of India and High Courts

V.U. Mohandas vs State Of Kerala on 25 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

MONDAY, THE 25TH DAY OF FEBRUARY 2019 / 6TH PHALGUNA, 1940

Crl.MC.No. 8711 of 2018

CC 187/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS, TALIPARAMBA

CRIME NO. 489/2015 OF Taliparamba Police Station, Kannur

PETITIONER/ACCUSED:

1 V.U. MOHANDAS,
AGED 34 YEARS,
S/O.V.K.UPENDRAN ACHARI, VAYALAMKUZHI HOUSE, PERUMBALA P.O.,
KASARAGOD DISTRICT- 671317.

2 V.K.UPENDRAN ACHARI,
AGED 72 YEARS,
S/O.KESAVAN ACHARI, VAYALAMKUZHI HOUSE, PERUMBALA P.O.,
KASARAGOD DISTRICT- 671317.

3 A.THANKAMANI,
AGED 62 YEARS,
W/O.V.K.UPENDRAN ACHARI, VAYALAMKUZHI HOUSE, PERUMBALA P.O.,
KASARAGOD DISTRICT- 671317.

BY ADV. SRI.S.K.ADHITHYAN

RESPONDENTS/STATE, COMPLAINANT DE FACTO COMPLAINANT:

1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, KOCHI- 682031.

2 THE SUB INSPECTOR OF POLICE,
TALIPARAMBA POLICE STATION, KANNUR- 670141.

3 PREETHI PURUSHOTHAMAN,
AGED 29 YEARS,
D/O.V.P.PURUSHOTHAMAN, HAVING PERMANENT RESIDENCE AT PRABHU
NIVAS, PULIMPARAMBA, TALIPARAMBA P.O., KANNUR- 670141.

R3 BY ADV. SRI.MUHAMMED IBRAHIM ABDUL SAMAD

R1 R2 BY SRI. T.R.RENJITH, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.02.2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 8711 of 2018 2

ORDER

This petition is filed under Section 482 of the Code of

Criminal Procedure (“the Code” for brevity).

2. The 3rd respondent is the de facto complainant in

C.C.No.187 of 2016 on the file of the Judicial Magistrate of First

Class, Taliparamba. The 1st petitioner is the husband of the 3rd

respondent and the petitioners 2 and 3 are his parents. They are

being proceeded against for having committed offence punishable

under Section 498A of the IPC.

3. This petition is filed with a prayer to quash the

proceedings on the ground of settlement of all disputes. The 3rd

respondent has filed an affidavit stating that she does not wish to

continue with the prosecution proceedings against the petitioners.

4. The learned Public Prosecutor has obtained instructions.

He submitted that the statement of the 3rd respondent has been

recorded and the State has no objection in terminating the

proceedings as it involves no public interest.
Crl.MC.No. 8711 of 2018 3

5. I have considered the submissions advanced.

6. In Gian Singh v. State of Punjab [(2012) 10 SCC

303] and in Narinder Singh v. State of Punjab [(2014) 6 SCC

466], the Apex Court has laid down that in appropriate cases, the

High Court can take note of the amicable resolution of disputes

between the victim and the wrongdoer to put an end to the

criminal proceedings. Further in Jitendra Raghuvanshi

Others v. Babita Raghuvanshi Another [(2013) 4 SCC 58],

it was observed that it is the duty of the courts to encourage

genuine settlements of matrimonial disputes. If the parties ponder

over their faults and terminate their disputes amicably by mutual

agreement instead of fighting it out in a court of law, the courts

should not hesitate to exercise its powers under Section 482 of the

Code. Permitting such proceedings to continue would be nothing,

but an abuse of process of court. The interest of justice also

require that the proceedings be quashed. Having considered all

the relevant circumstances, I am of the considered view that this

Court will be well justified in invoking its extraordinary powers

under Section 482 of the Code to quash the proceedings.
Crl.MC.No. 8711 of 2018 4

In the result, this petition will stand allowed.

Annexure-II final report and all proceedings pursuant thereto

against the petitioners now pending as C.C.No.187 of 2016 on the

file of the Judicial Magistrate of First Class, Taliparamba are

quashed.

SD/-

RAJA VIJAYARAGHAVAN V.,

JUDGE

//TRUE COPY// P.A.TO JUDGE

DSV/26.2.19
Crl.MC.No. 8711 of 2018 5

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE F.I.R IN CRIME

NO.489/2015 DATED 16.03.2015 OF TALIPARAMBA
POLICE STATION.

ANNEXURE II CERTIFIED COPY OF THE FINAL REPORT FILED
BEFORE JFCM, TALIPARAMBA DATED 12.01.2016.

ANNEXURE III AFFIDAVIT OF THE 3RD RESPONDENT DATED
27.01.2018.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

P.A.TO JUDGE

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